Tourist visa and getting married In the USA

[Vernice]

Trying to get an answer before they consult a lawer:
The man has a 10yr mutiple entry visa, when he was here, in the states, last yr, he met a women he had no intentions of meeting, and now, he intends to marry her, HOWEVER- He will not be immigrating, and they will leave together, (with her immigrating to HIS country) soon after we(family and friends) see them get married.I do not see any reason for her to file a fiance K-1, for him, since there will be NO IMMIGRATION. Can they do this with no problem?

Also, if they do marry here,(if all plans go well), does his tourist visa expire? Or since he is in no way wanting to immigrate, can he keep that 10 yr tourist visa, and use it for when they ( he and his American wife) come back to visit family and friends? Simpy: can he keep his tourist visa, after they marry?

I don't see why not, but I am not a lawyer, and I came across this website, while doing a search. Nice place, hope someone who knows can answer.

They are both adults in their 40's, his career is very important to him, and he has NO intention of ever immigrating. Seems like it would be easy, but I have no idea.

[peace]

Yes, they can do this. And the visa does not get cancelled simply by marrying a US citizen. As long he leaves US before the stamped date on his I -94 card, his visa will stay valid.

BUT NOTE THAT;
* he WILL NOT be able to get another visitor visa, once this one expires.
* he COULD have difficulty entering on his existing visa, if he discloses to the officer at US entry that he is visiting with a US citizen wife.

[Vernice]

Thanks, Peace,
You said: "Yes, they can do this. And the visa does not get cancelled simply by marrying a US citizen. As long he leaves US before the stamped date on his I -94 card, his visa will stay valid"

Yeah, I thought so, since he is not immigrating.

"BUT NOTE THAT;
* he WILL NOT be able to get another visitor visa, once this one expires."

So after they marry, it will be still good for the rest of the ten yrs he has on it, Okay. However,once it expires, and they would want to come visit her family and friends,(like me), what visa would he have to apply for? I dont understand why he would not be able to renew his tourist visa, and have no idea what kind of visa would then be required.Hope you can shed some light on this.

* he COULD have difficulty entering on his existing visa, if he discloses to the officer at US entry that he is visiting with a US citizen wife."

No, she has all plans to leave WITH him, and immigrate to his country. Unless you meant if he discloses to the officer, that he is entering on his tourist visa to marry here? THEN, for sure, I imagine, all officers would consider him, a possible overstay, and would deny him entry. That makes sense, although it would not be the situation, I see the point. Telling an officer, you think you will get married, ( but not immigrate, sound pretty funny, when this IS what most of them do. But I am sure, it's not the case here, or I would never have joined this forum, to ask any sly dog questions -even if she is my aunt!

Thanks for posting, I appreciate your imput. Hopefully you can clarify what kind of visa he will need in years to come? Hmm, I wonder, if during the marriage, while he still has his tourist visa, if they travel here together, if there will be any problem?

Thanks again,
Vernice

[peace]

A person will NOT be granted a visitor visa if he is considered a potential immigrant. And if you marry a USC, you will automatically be considered one and denied a visitor visa, even if you scream, stand on your head and tell the officer it is not the case. This is an issue that shows irrationality in laws framed for visitor visas. There are several other classes that suffer because of this. Parents of US Citizens applying for visitor visas; spouses of green card holders are rarely granted visitor visas. All for being potential immigrants.

In your aunt's case there is no NON-IMMIGRANT option . The only way is to go for IMMIGRANT VISAS.

Even with existing valid visas , entry is allowed at the discretion of the entry officer. Once they are married, and he tries to enter US on his existing 10 yr visitor visa, he could be stopped for being a potential immigrant. I am saying
COULD BE STOPPED. Many officers will let him through but a strict officer may
not. They always ask you the purpose of visit and duration of desired stay while entering on a visitor visa. If someone says, "I have come to work"
they will stop him 100% because you are not allowed to work on a visitor visa. Similarly, if you say I am visiting my wife's relatives and she is a US citizen, they may consider you a potential immigrant and stop you. The
key here will be to answer smart.

ADVICE;
If he encounters problems entering on his visitor visa, or if it expires,
he could go for a green card sponsored by his wife, even if he does not wish to immigrate. You never know how life changes, a few years down the line
he may want to immigrate.
He will have to keep his green card valid by entering US at least once a year
,filing taxes in US, maintaining residence in US etc.

[Vernice]

Hmmm...
You know, this is really sad. Here is a man with a huge career and life in his own country, wants to marry an American woman, and in just under ten years, IF he marries her here in the USA, his visitor's visa will expire, and cannot be renewed? He has to pretend to want to immigrate and hold an actual residence here? WOW, that is insane! So no hope whatsoever of him having a tourist visa renewed? Terrible. Unless I misunderstood you.

Before I even TELL THEM this, let me ask another thing..

It IS entirely possible for her to marry him in his coutry, not a problem, however lots more paper work and running around like mad, to do so. And we( the friends and family will not fly out there to see them get married).
She can take citizenship there in 3 or 5 yrs, I am not sure, but she doesn't have to, and can always keep her American citizenship, or go for Dual.
It's her choice.

Question: If she chooses to keep her citizenship, she can come back here anytime, right? All she needs is her passport.
If she became a citizen( dual), I guess she would have two passorts, oh my this is getting confusing. She wont need any visa's. Correct?
If they get married in his country, will this visa issue still be a problem? Perhaps it is better for her to marry him there, and avoid this problem down the road.

I am wondering how many men marry american women,(and visa versa) never have the intention to immigrate, but HAVE to pretend to want this, in order to get another visa, to visit the country, after the old tourist visa expires. OMG.. that is nuts. There is something very wrong with this.

Once again, I very much appreciate your answers, and knowledge.

I am sure there have been millions of men and women, married to American's, who still come here to visit, and do not plan to immigrate, I see no reason the Goverment is forcing them to lie, and say, "yeah, we want to immigrate" when it simply isnt true.

I want to know, before I even show her this stuff, if she would be better off marrying the man in his country, or no? I wonder.

How sad, this is about two people in middle age, who just want to get married, and the poor groom will lose his visa after it expires? When they come back to visit, they will see the officer there at the same time, he'll know they are married. Unless she doesnt change her name.

Why can't the tourist visa be renewed? Maybe they WILL need a lawyer.

[peace]

For the issue of a visitor visa, It won't matter where they get married. When applying for a visior visa, one needs to declare
if one's spouse is a US citizen/ GC holder/ holds other US visas.

About her reentering US,
she will have no problems as long as she has her US passport.
She can become dual and carry 2 passports (US allows dual citizenship but
the other country may or may not). By the way which country is it?
IN any case , it is strongly advised that she should keep her US citizenship.


And I do not think you should tell her not to get married to this person just because of the visitor visa issue. That would be a serious mistake.
You could talk to a GOOD attorney in US. I am not an attorney , just talking from my experience. For starters you could go to visalawdotcom and there is a link where you can ask this question (make it brief and precise) to a very reputed attorney and he will answer it free to your email in 2-3 days.

GOOD LUCK

[Vernice]

"For the issue of a visitor visa, It won't matter where they get married. When applying for a visior visa, one needs to declare
if one's spouse is a US citizen/ GC holder/ holds other US visas."

He already has a tourist visa, that is how he met her. How does he lose this visa after they marry? If it is good for 10 yrs, it suddenly goes void, if he says he is married to a US citizen? Very strange. Or is it good for 10 yrs, and then when it expires they would never renew it? I am confused on this.


"And I do not think you should tell her not to get married to this person just because of the visitor visa issue. That would be a serious mistake"

I never said that, but I agree with you.

I will though, ask her if this man is at all open to even the thought of this ****/unwanted immigration, where he would have to maintain a residence, and pay taxes here.. Hmmm, this COULD possibly affect if they get married or not. Anyways, if they did this,(and I know nothing about immgration), I assume there would be restrictions on his travel, right? So, how to live in his own country and also satisfy the USA?

Rather not say what country,I would hate for anyone reading this, and I am sure there are offficials who do read these boards, and others like these around, to single out men from a particular country.

Thanks for that .dom

I hope you can answer the ( hopefully last 2 questions )above.
( Seems to me the less one says, the better)

[peace]

What I meant was; he will have to declare that he is the spouse of a USC when applying for a NEW visitor visa after his existing visa expires.

I already said in my previous post that his existing visa will stay vaild even if he marries her.

About more on GC validity, travel etc., click this;

https://www.immihelp.com/retain-greencard-useful-tips/

Also, his GC will be conditional for two years.They will have to apply within 90 days before their 2nd wedding anniversary to make it unconditional.

[working_hubby]

Hi,

try reading about K3 - Nonimmigrant spouse visa.

I think the foreign national, when married to the usc, can and will be granted a K3 visa. The couple should just prove that they are married in "good terms".

downside, application of K3 is a tad more difficult/time consuming than applying for a tourist visa.

as far as i know, you can reuse k3 visas (just read some websites about it to be sure).

hope i helped, and personally, if a couple wants to get married they should.